TERMS & CONDITIONS
Agreement to Terms
Updated August 10th, 2024
In purchasing a course, subscription, template, or any other services, you agree to these terms of use, which constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Eryka Robertson (the “Company”), “we”, “us” or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). The Company provides online programs for the provision of support to skilled women for the purpose of building and growing an online business and a program (the “Program”) which consists of workshops, group coaching calls, guest expert training sessions, the provision of online resources, a private Mighty Network community, and potential other future offerings (the “Products”), all of which are subject to modification or change at our sole discretion. In order to help make the Site a secure environment for the purchase and sale of the Products, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Products, you have read, understood and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of Use, then you are expressly prohibited from using the Site and/or the Products and you must discontinue immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for their compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
Unless otherwise indicated, the Site and the Products are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographic and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Products and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior permission.
Provided that you are eligible to use the Site and the Products, you are granted a limited license to access and use the Site and the Products and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Products, the Content, and the Marks.
User Representations
By using the Site or Products, you represent and warrant that: (1) all registration information you submit will be true, accurate and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Products, through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the site for any illegal or unauthorized purpose; and (7) your use of the Site or the Products will not violate any applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You may not use the Site or the Products for any illegal or unauthorized purpose nor may you, in the use of the Products, violate any laws. We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the site or offered through the site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions or misrepresentations contained within the Site’s content.
User Registration
You may be required to register with the Site in order to access the Products. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Payment Plans (where applicable)
When you click to enroll in our online offers, you are making an offer to join the Site and access the Site, Program and Products, which, if accepted by Us, will result in a legally binding contract.
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Klarna
– Sezzle
– Affirm
– Afterpay
You will be required to purchase or provide payment to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges or payments at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation within the guidelines of the refund policy. No refund will be provided for the payment of the month that has already been billed prior to cancellation.
Refund Policy of The Wealthy in Wellness Course™
The Wealthy in Wellness Course™ is non-refundable and can not be canceled at any time. Due to the digital nature of this workshop, there will be no refunds provided under any circumstances. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
Enrollment in the program begins upon payment.
It is up to you to do your due diligence in preparing and finishing the course work & assignments in line with the time structure provided. If you fall behind in the course work, or project completion, you agree that you will finish the course and assignments alone, without live help from (the company). You will still have access to all course recordings and resources but will finish at your own pace.
Refund Policy of The Total Branding Package™
The Total Branding Package™is non-refundable and can not be canceled at any time outside of the refund policy. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
Enrollment in the program begins upon payment.
Refund Policy of all Programs and Products
Disclaimer: Due to the digital nature of our programs and products, we do not offer refunds for those who do not do their due diligence to ensure the course is the right fit for them.
It is the customer's responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products, services, and online courses.The goal of the program and products has always been communicated in our marketing, such as our webinars, social media, websites, and sales pages that the target audience for this program is women in mental health and wellness fields.
Please note, we do not offer partial refunds for our programs and our exclusive bonuses and course extensions are non-refundable under any circumstances.
Prohibited Activities
You may not access or use the Site or Products for any purpose other than that for which we make them available. As a user of the Site and Products, you agree not to:
1. Systematically retrieve data or other content or create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site or Products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site or Products, including features that prevent or restrict the use or copying of any Content or enforce limitations on their use and/or the Content contained therein
4. Trick, defraud, or mislead us and other users.
5. Make improper use of our support services or submit false reports of abuse or misconduct.
6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
7. Interfere with, disrupt, or create an undue burden on the Site or Products or the networks or services connected to the Site.
8. Attempt to impersonate another user or person or use the username of another user.
9. Sell or otherwise transfer your profile.
10. Use any information obtained from the Site or Products in order to harass, abuse, or harm another person.
11. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Products.
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
15. Delete the copyright or other proprietary rights notice from any Content.
16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
19. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
21. Use the Site in a manner inconsistent with any applicable laws or regulations.
User Generated Contributions
The Site and Products may invite you to chat, contribute to, or participate in blogs, message boards, online forums, groups and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create, or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
2. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
3. Your Contributions are not false, inaccurate, or misleading.
4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
7. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
8. Your Contributions do not violate any applicable law, regulation, or rule.
9. Your Contributions do not violate the privacy or publicity rights of any third party.
10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
11. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
12. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
13. Any use of the Site or Products in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
Contribution License
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
Third-Party Websites and Content
The Site and the Products may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Site Management
We reserve the right, but not the obligation, to:
(1) monitor the Site and Products for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site and Products in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Access to Site and Products
When you purchase access to our Site and Products, you are granted a limited, non-transferable, non-exclusive license to access and use the content for the lifetime of the product’s availability. "Lifetime" refers to the duration that we make the product available, which is solely at our discretion.
Please be aware that we reserve the right, at any time and in our sole discretion, without limitation, notice, or liability, to modify, suspend, or terminate access to any or all files, content, or other resources associated with the product. This may occur due to updates, changes in our business practices, legal obligations, or any other reason we deem necessary.
By purchasing and accessing our Site and Products, you acknowledge and agree to these terms, and understand that continued access to the content is not guaranteed.
Limitation of Liability
In no event will We, or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you under this agreement during the One (1) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Site and the Products will be in strict accordance with the Eryka Robertson Privacy Policy, these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to defend, indemnify, and hold us harmless, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site and the Products;
(3) breach of these Terms of Use;
(4) any breach of your representations and warranties set forth in these Terms of Use;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site and the Products. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site and the Products. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreements. Governing Law These Terms of Use and your use of the Site and the Products are governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection the Site, the Products and any Agreement and matters arising out of it (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of the state of Texas in the United States.